Sever, et al v. Icon Aircraft, Inc. et al

Filing 25

ORDER by Judge Haywood S. Gilliam, Jr. Granting 24 Stipulation re Dismissal. (ndrS, COURT STAFF) (Filed on 6/6/2018)

1 Michael S. Danko (State Bar No. 111359
Claire Y. Choo (State Bar No. 252723)
2 DANKO MEREDITH, APC
333 Twin Dolphin Drive, Suite 145
3
Redwood Shores, CA 94065
4 Tel: [phone]
Fax: [phone]
5 Email: [e-mail]
6 Stuart R. Fraenkel (State Bar No. 173991)
Carlos F. Llinás Negret (State Bar No. 284746)
7
Nicole C. Andersen (State Bar No. 281218)
8 NELSON & FRAENKEL LLP
707 Wilshire Boulevard, Suite 3600
9 Los Angeles, CA 90017
Tel.: [phone]
10 Fax: [phone]
11 Email: [e-mail]
12 Attorneys for Plaintiffs ESRA SEVER, individually, and as parent and natural guardian of her
minor children, A.S. and B.S.; ESRA SEVER, Personal Representative of the Estate Ahmet Cagri
13 Sever, deceased; A.S., a minor, individually and as Successor-in-Interest to the Estate of Ahmet
Cagri Sever, deceased, by her Guardian ad Litem Esra Sever; and B.S., a minor, individually and
14 as Successor-in-Interest to the Estate of Ahmet Cagri Sever, deceased, by her Guardian ad Litem,
15 Esra Sever.
16

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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ESRA SEVER, individually, and as parent and
19 natural guardian of her minor children, A.S. and
B.S.; ESRA SEVER, Successor-in-Interest to,
20 and Personal Representative of the Estate of
21 Ahmet Cagri Sever, deceased; A.S., a minor,
individually and as Successor-in-Interest to the
22 Estate of Ahmet Cagri Sever, deceased, by her
Guardian ad Litem Esra Sever; and B.S, a
23 minor, individually and as Successor-in-Interest
to the Estate of Ahmet Cagri Sever, deceased,
24
by her Guardian ad Litem, Esra Sever.
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Plaintiffs,
26
vs.
27

CASE NO.: 4:18-cv-00584 HSG
STIPULATION
RE
DISMISSAL
BETWEEN Plaintiff, ESRA SEVER, et al.
as Successor-In-Interest to the Estate of
Ahmet Cagri Sever (deceased) and
ICON AIRCRAFT, INC.; MATTHEW
WOODRUFF, an individual; KURT
PARKER, an individual, EDWARD ELLIS
KARKOW as Personal Representative of
the Estate of Jon Karkow (deceased)
Filed: 1/26/2018

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STIPULATION RE DISMISSAL
CASE NO.: 4:18-cv-00584-HSG

NYOFFICE 1017981v.1

1 ICON AIRCRAFT, INC.; MATTHEW
WOODRUFF, an individual; KURT PARKER,
2 an individual, EDWARD ELLIS KARKOW as
Personal Representative of the Estate of Jon
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Karkow (deceased); and DOES 1 through 12,
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Defendants.

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WHEREAS Plaintiffs, ESRA SEVER, individually, and as parent and natural guardian of

9 her minor children, A.S. and B.S.; ESRA SEVER, Successor-in-Interest to, and Personal
10 Representative of the Estate of Ahmet Cagri Sever, deceased; A.S., a minor, individually and as
11 Successor-in-Interest to the Estate of Ahmet Cagri Sever, deceased, by her Guardian ad Litem
12 Esra Sever; and B.S, a minor, individually and as Successor-in-Interest to the Estate of Ahmet
13 Cagri Sever, deceased, by her Guardian ad Litem, Esra Sever (collectively “Plaintiffs”), filed a
14 lawsuit arising out of the crash of an ICON AIRCRAFT, INC. (“ICON”) A5 amphibious Light
15 Sport Aircraft (S-LSA), registration N184BA, serial number 00007 (“the Accident Aircraft”) on
16 May 8, 2017 (“the Accident”);
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WHEREAS Defendants MATTHEW WOODRUFF (“WOODRUFF”), an individual,

18 KURT PARKER (“PARKER”), an individual, and EDWARD ELLIS KARKOW as Personal
19 Representative of the Estate of Jon Karkow (deceased) (“KARKOW”), have requested that
20 Plaintiff voluntarily dismiss, without prejudice, the claims against them in the pending lawsuit,
21 pursuant to Fed. R. Civ. P. 41;
22

WHEREAS counsel for the Plaintiffs and counsel for WOODRUFF, PARKER,

23 KARKOW have authority to enter into this Stipulation on behalf of their respective clients;
24

WHEREAS in consideration of Plaintiffs’ dismissal without prejudice of Defendants

25 WOODRUFF, PARKER, and KARKOW;
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IT IS HEREBY STIPULATED AND AGREED by and between the Plaintiffs and

27 Defendants ICON, WOODRUFF, and KARKOW:
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STIPULATION RE DISMISSAL
CASE NO.: 4:18-cv-00584-HSG

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1.

Defendant ICON represents that it is not insolvent and it is covered by insurance in

2 excess of $20,000,000 for the claims arising out of the Accident;
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2.

Defendant ICON represents that it is covered by insurance for the torts of its

4 employees, agents and servants, including but not limited to the acts and/or omissions of
5 MATTHEW WOODRUFF and JON KARKOW, in excess of $20,000,000, for the claims arising
6 out of the Accident;
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3.

Defendant ICON agrees and stipulates that at the time of the Accident,

8 MATTHEW WOODRUFF and JON KARKOW were employees, agents and/or servants of, and
9 were acting for and/or on behalf of, ICON;
10

4.

Defendant ICON stipulates and agrees that to the extent that any acts and/or

11 omissions of MATTHEW WOODRUFF and/or JON KARKOW caused and/or contributed to the
12 Accident, such acts and/or omissions occurred during the course and scope of their respective
13 employment and/or agency with ICON;
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5.

Defendant ICON agrees and stipulates that at the time of the Accident, ICON, its

15 employees, agents and servants were the operators of the Accident Aircraft;
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6.

Defendant ICON agrees and stipulates that at the time of the Accident, ICON had

17 possession and control of the Accident Aircraft and paid for all its operating expenses, including
18 fuel, crew, maintenance, and insurance;
19

7.

Defendant ICON agrees and stipulates that at the time of the Accident, ICON

20 controlled the Accident Aircraft itinerary, flight plan, and destinations (including flight profiles,
21 take- off and landing locations);
22

8.

Defendant ICON AIRCRAFT, INC. agrees and stipulates that to the extent that any

23 acts and/or omissions of MATTHEW WOODDRUFF, JON KARKOW, and/or KURT PARKER
24 caused and/or contributed to the crash of the Accident Aircraft on May 18, 2017, ICON
25 AIRCRAFT, INC. is jointly and severally liable for such acts and/or omissions to the extent
26 authorized by California law;
27

9.

Defendant ICON agrees and stipulates that to the extent that any acts and/or

28 omissions of MATTHEW WOODDRUFF, JON KARKOW, and/or KURT PARKER caused
STIPULATION RE DISMISSAL
CASE NO.: 4:18-cv-00584-HSG

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1 and/or contributed to the Accident, ICON is vicariously liable and/or contractually liable for such
2 acts and/or omissions;
3

10.

Defendant ICON waives any defenses pursuant to Fed. R. Civ. P. 19 and Fed. R.

4 Civ. P. 20, and stipulates that it will not raise any defenses for failure to join WOODDRUFF,
5 KARKOW, and/or PARKER as necessary or indispensable parties;
6

11.

Defendants ICON and KURT PARKER agree and stipulate to waive any defenses

7 pursuant to 46 U.S.C. §§ 30501 – 30512.
8

12.

ICON, PARKER, WOODRUFF and KARKOW, agree that if it is required as a

9 matter of law that PARKER, WOODRUFF and/or KARKOW be named as a party to this action
10 by the named plaintiffs herein, that they hereby stipulate to waive any statute of limitation
11 defenses in any subsequent filing of a complaint (and/or stipulation to add one or more of these
12 persons as a defendant) by said plaintiffs arising out of the Accident. However, Plaintiffs agree
13 that any settlement of Plaintiffs’ claims arising from the Accident will extinguish all claims and
14 liability for ICON, PARKER, WOODRUFF and KARKOW subject to a mutually agreeable
15 settlement agreement and release of all claims. ICON, PARKER, WOODRUFF and KARKOW
16 shall be included as releasees on any such settlement agreement. Further, any dismissal with
17 prejudice of ICON or any final verdict against ICON will serve to satisfy all claims and liability
18 for PARKER, WOODRUFF and KARKOW;
19

13.

In exchange and in consideration for the stipulations and agreements in paragraphs

20 1 – 12 above, Plaintiffs agree to dismiss without prejudice, the claims against Defendants
21 WOODRUFF, PARKER, and KARKOW;
22

14.

The claims against Defendant ICON will proceed and remain in this action.

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STIPULATION RE DISMISSAL
CASE NO.: 4:18-cv-00584-HSG

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1 Dated: June 4, 2018

CONDON & FORSYTH LLP

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By: /s/ David J. Harrington
DAVID J. HARRINGTON
SCOTT D. CUNNINGHAM
IVY L. NOWINSKI
Attorneys for Defendants
ICON AIRCRAFT, INC., ESTATE OF JON
KARKOW, MATTHEW WOODRUFF,
AND KURT PARKER

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8 Dated: June 4, 2018
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NELSON & FRAENKEL LLP
DANKO MEREDITH APC

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By: /s/ Nicole Andersen
STUART FRAENKEL
NICOLE ANDERSEN
Attorneys for Plaintiff
ESRA SEVER, individually and on behalf of
A.S. and B.S. and the Estate of Ahmet Cagri
Sever

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STIPULATION RE DISMISSAL
CASE NO.: 4:18-cv-00584-HSG

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ORDER
PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that individual
defendants Matthew Woodruff, Kurt Parker, and the Estate of Jon Karkow, by and through its
personal representative Edward Ellis Karkow, are hereby dismissed from this action, without
prejudice.

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8 Date: June 6, 2018
9

___________________________________
Honorable Haywood S. Gilliam, Jr.
United States District Judge

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STIPULATION RE DISMISSAL
CASE NO.: 4:18-cv-00584-HSG

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